Bombay High Court
SAMBHAJI NARSINGH JAGTAPversusTHE EXECUTIVE ENGINEER
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The applicants are entitled to withdraw the entire deposited amount with interest upon furnishing a satisfactory undertaking to the Registrar.
Summary
The applicants filed a civil application seeking withdrawal of the amount deposited by the Acquiring Body, which had deposited 50% of the award amount in the court as directed by a Reference Court. The issue was whether the applicants could withdraw the entire deposited sum along with accrued interest upon furnishing a standard undertaking. The court held that, subject to the filing of an appropriate undertaking satisfactory to the Registrar (Judicial), the applicants were entitled to withdraw the full amount and interest. Accordingly, the application was allowed and the civil suit was disposed. No other substantive legal arguments were recorded.
Issues considered
- Whether the applicants may withdraw the entire amount deposited by the Acquiring Body under the award
- Whether accrued interest is payable on the deposited amount
- Whether a standard undertaking to the Registrar suffices for withdrawal
Subjects
- civil procedure
- award enforcement
- deposit withdrawal
- interest
- undertaking
Judgment
2026:BHC-AUG:41487
1 921-CA-10145-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
921 CIVIL APPLICATION NO. 10145 OF 2026
IN FAST/21875/2024
Sambhaji Narsingh Jagtap & Ors.
VERSUS
The Executive Engineer & Ors.
...
Mr.Vivekanand V. Ingale for the Applicants.
Dr.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Respondent/State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 04.09.2026
PER COURT :
1. This Application is filed for withdrawal of amount deposited
by the Acquiring Body. The Acquiring Body has deposited 50% of the
amount in this Court under Award passed by the Reference Court.
2. In view of the amount deposited by the Acquiring Body, the
Applicants are permitted to withdraw the entire amount, along with the
accrued interest, upon furnishing an usual undertaking to the satisfaction
of the Registrar (Judicial) of this Court.
5. The Civil Application is allowed and accordingly stands
disposed of.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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